Delhi HC Restrains Zydus from Receiving Supplies of Cancer Drug Ikra in AbbVie Patent Dispute
New Delhi: The Delhi High Court has passed an interim order in a patent infringement dispute between global biopharmaceutical company AbbVie Manufacturing Management Unlimited Company and Zydus Lifesciences Limited, temporarily restraining Zydus Lifesciences from receiving supplies of the cancer drug marketed under the brand name 'Ikra' while permitting the drug's manufacturer to continue its manufacturing activities.
The order, delivered by Justice Jyoti Singh on 13 July 2026, seeks to preserve the status quo until the Court hears the parties in greater detail on the pending application for interim injunction.
The dispute arises from a commercial intellectual property suit filed by AbbVie against Zydus Lifesciences Limited and another defendant before the Delhi High Court. AbbVie has sought protection of its intellectual property rights by filing an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure seeking an ad interim injunction.
The proceedings commenced on 10 July 2026, when the Court registered the commercial suit, exempted the plaintiff from pre-institution mediation in view of the urgency pleaded, issued summons to the defendants, and directed Defendant No. 1 to disclose the composition of the finished formulation sold under the brand name "Ikra" to facilitate consideration of the interim injunction application.
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On 13 July 2026, the matter came up for hearing on the plaintiff's application for interim relief. The Court noted that, in compliance with its earlier directions, Defendant No. 1 had stated that an affidavit had been filed disclosing the composition of the product. Since the original affidavit had not yet been placed on record, a photocopy was handed over in Court to ensure that the hearing was not delayed, with an assurance that the original affidavit would subsequently be filed. The Court accepted the photocopy on record for the purpose of continuing the proceedings.
The present order does not reproduce the detailed allegations advanced by AbbVie regarding the alleged patent infringement. It merely records that the plaintiff is pursuing an application seeking interim injunction against the defendants. Consequently, the order does not discuss the specific patent involved, the scientific basis of the infringement claim, or the legal submissions advanced by the plaintiff during the hearing. Those pleadings are expected to be examined during the substantive hearing of the injunction application.
Similarly, the order does not record any detailed defence raised by Zydus Lifesciences or the second defendant. The only submission reflected in the order is that Defendant No. 1 sought one week's time to file its reply to the interim injunction application. The Court accepted this request and granted one week for filing the reply, followed by four days for the plaintiff to file its rejoinder. No observations have been made regarding the merits of the defendants' defence or the validity of the plaintiff's allegations at this stage.
The Court also refrained from expressing any prima facie opinion on whether patent infringement had occurred. Instead, Justice Jyoti Singh adopted a balanced interim approach designed to preserve the competing interests of the parties until the matter could be heard comprehensively. Recognising that the injunction application was still pending and that replies had yet to be filed, the Court considered it appropriate to maintain the existing position by preventing further commercial distribution of the impugned product while permitting its manufacture to continue. This approach ensures that neither party suffers irreversible prejudice before the Court has an opportunity to examine the rival pleadings and supporting evidence in detail.
Accordingly, the Court adjourned the hearing of the interim injunction application to 24 July 2026 and imposed a temporary restriction on the supply of the drug. The Court did not prohibit manufacturing of the product but restrained its commercial distribution pending further consideration of the matter. This interim arrangement will remain operative only until the next date of hearing, when the Court will consider the replies and determine whether any further interim relief is warranted.
Importantly, this order is not the final judgment in the patent dispute. The Court has neither decided whether AbbVie's patent has been infringed nor granted a permanent injunction against Zydus. The order merely regulates the position of the parties until the interim injunction application is finally heard.
The operative direction issued by the Delhi High Court reads:
"Purely as an interim arrangement till the next date of hearing, it is directed that while Defendant No. 2 may continue the process of manufacture of the impugned drug under brand name ‘Ikra’, no supplies shall be made to Defendant No. 1 and/or any third-party from 14.07.2026."
To view the order, click the link below:
